Georgia-2011-HB231-Introduced

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide community alternatives to institutionalized care for treatment of mental illness; to provide for a short title; to provide for community alternatives to hospitalization for treatment of alcoholics and drug dependent persons; to provide a definition for community alternatives; to change provisions relating to the emergency treatment of mental illness and alcoholic and drug dependent individuals; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

This Act shall be known and may be cited as the "Mental Health Addictive Disease Community Recovery Act."

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to read as follows:

The primary purpose of this chapter shall be to provide community alternatives to institutional care utilizing evidence based recovery model practices so that persons with mental illness are afforded the opportunity to live, work, and recover in their home communities."

Said title is further amended by adding a new Code section to read as follows:

As used in this chapter, the term 'community alternatives' means a comprehensive, coordinated system of treatment options and supportive services which are likely to assist the patient in recovery and in becoming a productive citizen. Such treatment and services shall be founded upon evidence based, recovery model practices which may include, but not be limited to, peer support, leisure guidance, individual or group therapy, residential treatment programs, psychiatric services and medication, coordinated health care, pharmaceutical services, integrated supportive housing and supportive employment, transportation, and other personal supports, such as mobility or other technological supports, education, vocational rehabilitation, other rehabilitative services available through the Medicaid Act, and other supportive services in integrated community settings as may be defined through an individualized recovery planning process."

Said title is further amended by revising subsections (a) and (b) of Code Section 37-3-41, relating to emergency admission for treatment of mental illness based on a physician's certification or court order, as follows:

(a) Any physician within this state may execute a certificate stating that he or she has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the such person appears to be a mentally ill person requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him or her forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, where he or she shall be received for examination.

(b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, to take such person into custody and deliver him or her forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient is found, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to permit delivery of such patient to an emergency receiving facility pursuant to subsection (a) of this Code section. Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Code section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have seen the person to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is a mentally ill person requiring involuntary treatment. The court order shall expire seven days after it is executed."

Said title is further amended by revising subsection (a) of Code Section 37-3-42, relating to emergency admission of mentally ill persons arrested for penal offenses, as follows:

"(a) A peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-3-41, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, or directly to an emergency receiving facility if (1) the person is committing a penal offense, and (2) the peace officer has probable cause for believing that the person is a mentally ill person requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record."

Said title is further amended by adding a new Code section to read as follows:

The primary purpose of this chapter shall be to provide community alternatives to institutional care utilizing evidence based recovery model practices so that persons with alcohol dependence or alcohol addiction are afforded the opportunity to live, work, and recover in their home communities."

Said title is further amended by adding a new Code section to read as follows:

As used in this chapter, the term 'community alternatives' means a comprehensive, coordinated system of treatment options and supportive services which are likely to assist the patient in recovery and in becoming a productive citizen. Such treatment and services shall be founded upon evidence based, recovery model practices which may include, but not be limited to, peer support, leisure guidance, individual or group therapy, residential treatment programs, psychiatric services and medication, coordinated health care, pharmaceutical services, integrated supportive housing and supportive employment, transportation, and other personal supports such as mobility or other technological supports, education, vocational rehabilitation, other rehabilitative services available through the Medicaid Act, and other supportive services in integrated community settings as may be defined through an individualized recovery planning process."

Said title is further amended by revising subsections (a) and (b) of Code Section 37-7-41, relating to who may certify the need for emergency involuntary treatment of alcoholics or drug dependent persons, as follows:

"(a) Any physician within this state may execute a certificate stating that he or she has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the person appears to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, where he or she shall be received for examination.

(b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, to take such person into custody and deliver him or her forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient is found, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to permit delivery of such patient to an emergency receiving facility pursuant to subsection (a) of this Code section. Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Code section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have seen the person to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The court order shall expire seven days after it is executed."

Said title is further amended by revising subsection (a) of Code Section 37-7-42, relating to emergency admission of alcoholic or drug dependent persons arrested for penal offenses, as follows:

" (a) A peace officer, or any contracted medical transport provider at the request of or in conjunction with any peace officer, may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-7-41, or to the nearest available emergency room or local mental health center where a willing and qualified evaluator is available in person or accessible by video conference, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record."